H131 Minister for Justice & Equality -v- Burnell [2014] IEHC 131 (21 February 2014)


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High Court of Ireland Decisions


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URL: http://www.bailii.org/ie/cases/IEHC/2014/H131.html
Cite as: [2014] IEHC 131

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Judgment Title: Minister for Justice & Equality -v- Burnell

Neutral Citation: [2014] IEHC 131


High Court Record Number: 2011 259 EXT

Date of Delivery: 21/02/2014

Court: High Court

Composition of Court:

Judgment by: Edwards J.

Status of Judgment: Approved




Minister for Justice and Equality v. Brunell

(Unreported, High Court, Edwards J., 21st February, 2014)


Extradition — European arrest warrant — Refusal to surrender –homicide contrary to s.287 or 289 of the Dutch Penal Code - S.21A- European Arrest Warrant Act 2003, as amended- summons issued to appear in District Court of Amsterdam- whether respondent wanted for questioning or prosecution - onus rests on the respondent to satisfy Court- s.20(1) request for further information– assertion that public prosecutor not a judicial authority within meaning of article 1 & 6 of the Framework Decision – whether conflict as public prosecutor also the issuing judicial authority- - alleged abuse of court process - no mala fides established -s.4A presumption not rebutted.

[2014] IEHC 131 Minister for Justice -v- Burnell 2011 259 EXT.pdf


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URL: http://www.bailii.org/ie/cases/IEHC/2014/H131.html